Legal Dictionary

Penal Code Section 995 & Penal Code Section 1538.5(i)

Penal Code Section 995 is the Defense Motion To Dismiss The Information used as evidence.

Under Penal Code Section 1538.5(i) Motion the defendant can ask for a special hearing asking the court to suppress evidence obtained by illegal search and seizure.

I file the Defense Motion To Dismiss The Information under Penal Code Section 995 and motion for a special hearing under Penal Code Section 1538.5(i) following a Preliminary Hearing.

I don't accept the search and seizure findings and the arrest that follows due to a pretext stop so often made by the police. Clients hire me to defend them and that is exactly what I do. I first scrutinize and dissect the transcript of the hearing that has recorded the police testimony under oath. Then I apply the law to that testimony and make my argument on why the case against my client should be dismissed.

Only The Accused's Statement is Not Enough

“Corpus delicti” translates to “body of the crime.”

The Corpus Before Copout rule refers to the requirement that there be some kind of factual basis for the accusations that establishes that someone committed a violation of law apart from the accused's statements. What this rule clearly does is to prevent false confessions.


“determinate sentencing"

is a specific amount of time in jail an offender is sentenced to upon his conviction.

"indeterminate sentencing"

is a range of time sentencing, rather than a set period.

Types of Sentencing-

In addition to a determinate or indeterminate sentence there are several types of sentencing that an offender can receive. a minimum or maximum sentence for committing a particular crime.

examples of the types of sentencing that an offender can receive.

Concurrent Sentence – A sentence served simultaneously with another sentence.

Consecutive Sentence – A sentence that begins immediately after the completion of another sentence due to several crimes, or counts given at the same time.

Deferred Sentence –For some reason until a later date a sentence is postponed .

Life Sentence – With this sentence the offender will spend the rest of his life in jail, however in many jurisdictions there is an opportunity for parole after a certain period of time.

Mandatory Sentence – This sentence is set by law, the judge does not have permission to alter a mandatory sentence, as it's been previously established by law.

Presumptive Sentence – The law provides baseline for some offenses, it give the judge a guideline to follow, for example is Burglary carries 1 to 3 years of imprisonment, following that the judge has the authority to give a 2 years prison sentence for the crime.

Straight Sentence – is a “flat”, fixed or determinate sentence. There is no minimum or maximum sentencing period.

Factual Innocence PC 851.8

The Factual Innocence Petition filed under Penal Code 851.8 PC, is to Seal and Destroy records of arrest and release or an actual error made in arrest or accusation, your lawyer must be able to prove that “no reasonable cause exists to believe that [you] committed the offense for which the arrest was made.” PC 851.8 may prevent initial criminal charge at times, or exonerate a person previously found guilty.

Seal and Destroy criminal record is different than Expungement.

Expungement "expunction"

is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased in the eyes of the law. When a conviction is expunged, this process may be referred to as "setting aside a criminal conviction", although Expunged records will not be reportable as part of any standard criminal background check, while the general public will not be able to see your past crimes if they are expunged, there are still ways for certain individuals and organizations to access your criminal record; that's why Seal and Destroy Petition is necessary.